BILL NUMBER: SB 800	CHAPTERED  10/10/99

	CHAPTER   633
	FILED WITH SECRETARY OF STATE   OCTOBER 10, 1999
	APPROVED BY GOVERNOR   OCTOBER 5, 1999
	PASSED THE SENATE   SEPTEMBER 10, 1999
	PASSED THE ASSEMBLY   SEPTEMBER 9, 1999
	AMENDED IN ASSEMBLY   SEPTEMBER 9, 1999
	AMENDED IN SENATE   APRIL 8, 1999

INTRODUCED BY   Senator Dunn

                        FEBRUARY 25, 1999

   An act to amend Sections 21362, 21363, 21369, and 21370 of, and to
add Section 21389 to, the Government Code, relating to the Public
Employees' Retirement System.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 800, Dunn.  Public Employees' Retirement System:  local safety
members.
   The Public Employees' Retirement Law limits retirement allowances
of local safety members to 75% of final compensation.
   This bill would increase that limit to 85% for local safety
members who retire on and after January 1, 2000.
   This bill would incorporate additional amendments to Section 21362
of the Government Code proposed by SB 400, contingent upon the prior
enactment of that bill.
   This bill would incorporate additional amendments to Section 21363
of the Government Code proposed by AB 813, SB 400, or both,
contingent upon the prior enactment of one or both of those bills.
   This bill would incorporate additional amendments to Section 21369
of the Government Code proposed by SB 400, contingent upon the prior
enactment of that bill.
   This bill would incorporate additional amendments to Section 21370
of the Government Code proposed by AB 813, contingent upon the prior
enactment of that bill.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 21362 of the Government Code is amended to
read:
   21362.  (a) The current service pension for patrol members and the
combined current and prior service pensions for local safety members
with respect to local safety service rendered to a contracting
agency that is subject to this section is a pension derived from the
contributions of the employer sufficient when added to the service
retirement annuity that is derived from the accumulated normal
contributions of the patrol member at the date of his or her
retirement to equal the fraction of one-fiftieth of his or her final
compensation set forth opposite his or her age at retirement taken to
the preceding completed quarter year, in the following table,
multiplied by the number of years of patrol service and local safety
service subject to this section with which he or she is credited at
retirement.


  Age at
retirement                                             Fraction
   50 .............................................     1.0000
   50 1/4 .........................................     1.0175
   50 1/2 .........................................     1.0350
   50 3/4 .........................................     1.0525
   51 .............................................     1.0700
   51 1/4 .........................................     1.0875
   51 1/2 .........................................     1.1050
   51 3/4 .........................................     1.1225
   52 .............................................     1.1400
   52 1/4 .........................................     1.1575
   52 1/2 .........................................     1.1750
   52 3/4 .........................................     1.1925
   53 .............................................     1.2100
   53 1/4 .........................................     1.2275
   53 1/2 .........................................     1.2450
   53 3/4 .........................................     1.2625
   54 .............................................     1.2800
   54 1/4 .........................................     1.2975
   54 1/2 .........................................     1.3150
   54 3/4 .........................................     1.3325
   55 and over ....................................     1.3500

   (b) In no event shall the current service pension and the combined
current and prior service pensions under this section for all
service to all employers exceed an amount that, when added to the
service retirement annuity related to that service, equals 75 percent
of final compensation.  For state members who retire on or after
January 1, 1995, and with respect to service for all state employers
under this section, the benefit shall not exceed 80 percent of final
compensation.  For local members who retire on or after January 1,
2000, the benefit shall not exceed 85 percent of final compensation.
If the pension relates to service to more than one employer and
would otherwise exceed that maximum, the pension payable with respect
to each employer shall be reduced in the same proportion as the
allowance based on service to that employer bears to the total
allowance computed as though there were no limit, so that the total
of the pensions shall equal the maximum.  Where a state or local
member retiring on or after January 1, 1995, has service under this
section with both state and local agency employers, the higher
maximum shall apply and the additional benefit shall be funded by
increasing the member's pension payable with respect to the employer
for whom the member performed the service subject to the higher
maximum.
   (c) This section shall not apply to any contracting agency, unless
and until the agency elects to be subject to the provisions of this
section by amendment to its contract made in the manner prescribed
for approval of contracts or, in the case of contracts made after the
date this section is operative, by express provision in the contract
making the contracting agency subject to the provisions of this
section.
   (d) This section shall supersede Section 21363, 21366, 21368,
21369, or 21370, whichever is then applicable, with respect to patrol
and local safety members who retire after the date this section
becomes applicable to their respective employers.
   (e) This section shall not apply to state safety or state peace
officer/firefighter members.
   (f) The Legislature reserves, with respect to any member subject
to this section, the right to provide for the adjustment of
industrial disability retirement allowances because of earnings of a
retired person and modification of the conditions and qualifications
required for retirement for disability as it may find appropriate
because of the earlier ages of service retirement made possible by
the benefits under this section.
  SEC. 1.5.  Section 21362 of the Government Code is amended to read:

   21362.  (a) The current service pension for patrol members and the
combined current and prior service pensions for local safety members
with respect to local safety service rendered to a contracting
agency that is subject to this section is a pension derived from the
contributions of the employer sufficient when added to the service
retirement annuity that is derived from the accumulated normal
contributions of the patrol member at the date of his or her
retirement to equal the fraction of one-fiftieth of his or her final
compensation set forth opposite his or her age at retirement taken to
the preceding completed quarter year, in the following table,
multiplied by the number of years of patrol service and local safety
service subject to this section with which he or she is credited at
retirement:


  Age at
retirement                                             Fraction
   50 .............................................     1.0000
   50 1/4 .........................................     1.0175
   50 1/2 .........................................     1.0350
   50 3/4 .........................................     1.0525
   51 .............................................     1.0700
   51 1/4 .........................................     1.0875
   51 1/2 .........................................     1.1050
   51 3/4 .........................................     1.1225
   52 .............................................     1.1400
   52 1/4 .........................................     1.1575
   52 1/2 .........................................     1.1750
   52 3/4 .........................................     1.1925
   53 .............................................     1.2100
   53 1/4 .........................................     1.2275
   53 1/2 .........................................     1.2450
   53 3/4 .........................................     1.2625
   54 .............................................     1.2800
   54 1/4 .........................................     1.2975
   54 1/2 .........................................     1.3150
   54 3/4 .........................................     1.3325
   55 and over ....................................     1.3500

   (b) In no event shall the current service pension and the combined
current and prior service pensions under this section for all
service to all employers exceed an amount that, when added to the
service retirement annuity related to that service, equals 75 percent
of final compensation.  For state members who retire on or after
January 1, 1995, and with respect to service for all state employers
under this section, the benefit shall not exceed 80 percent of final
compensation.  For local members who retire on or after January 1,
2000, the benefit shall not exceed 85 percent of final compensation.
If the pension relates to service to more than one employer and
would otherwise exceed that maximum, the pension payable with respect
to each employer shall be reduced in the same proportion as the
allowance based on service to that employer bears to the total
allowance computed as though there were no limit, so that the total
of the pensions shall equal the maximum.  Where a state or local
member retiring on or after January 1, 1995, has service under this
section with both state and local agency employers, the higher
maximum shall apply and the additional benefit shall be funded by
increasing the member's pension payable with respect to the employer
for whom the member performed the service subject to the higher
maximum.
   (c) This section shall not apply to any contracting agency, unless
and until the agency elects to be subject to the provisions of this
section by amendment to its contract made in the manner prescribed
for approval of contracts or, in the case of contracts made after the
date this section is operative, by express provision in the contract
making the contracting agency subject to the provisions of this
section.
   (d) This section shall supersede Section 21363, 21366, 21368,
21369, or 21370, whichever is then applicable, with respect to patrol
and local safety members who retire after the date this section
becomes applicable to their respective employers.
   (e) This section shall not apply to state safety or state peace
officer/firefighter members.
   (f) With respect to patrol members, this section shall only apply
to patrol members who are not employed by the state on or after
January 1, 2000.
   (g) The Legislature reserves, with respect to any member subject
to this section, the right to provide for the adjustment of
industrial disability retirement allowances because of earnings of a
retired person and modification of the conditions and qualifications
required for retirement for disability as it may find appropriate
because of the earlier ages of service retirement made possible by
the benefits under this section.
  SEC. 2.  Section 21363 of the Government Code is amended to read:
   21363.  (a) The combined current and prior service pensions for
state peace officer/firefighter members subject to this section with
respect to state peace officer/firefighter service and the combined
current and prior service pensions for local safety members with
respect to local safety service rendered to a contracting agency that
is subject to this section is a pension derived from the
contributions of the employer sufficient when added to the service
retirement annuity that is derived from the accumulated normal
contributions of the state peace officer/firefighter member at the
date of his or her retirement to equal the fraction of one-fiftieth
of his or her final compensation set forth opposite his or her age at
retirement taken to the preceding completed quarter-year, in the
following table, multiplied by the number of years of state peace
officer/firefighter service subject to this section with which he or
she is credited at retirement.


  Age at
Retirement                                  Fraction
   50 ...................................    1.0000
   50 1/4 ...............................    1.0125
   50 1/2 ...............................    1.0250
   50 3/4 ...............................    1.0375
   51 ...................................    1.0500
   51 1/4 ...............................    1.0625
   51 1/2 ...............................    1.0750
   51 3/4 ...............................    1.0875
   52 ...................................    1.1000
   52 1/4 ...............................    1.1125
   52 1/2 ...............................    1.1250
   52 3/4 ...............................    1.1375
   53 ...................................    1.1500
   53 1/4 ...............................    1.1625
   53 1/2 ...............................    1.1750
   53 3/4 ...............................    1.1875
   54 ...................................    1.2000
   54 1/4 ...............................    1.2125
   54 1/2 ...............................    1.2250
   54 3/4 ...............................    1.2375
   55 and over ..........................    1.2500

   (b) In no event shall the current service pension and the combined
current and prior service pensions under this section for all
service to all employers exceed an amount that, when added to the
service retirement annuity related to that service, equals 75 percent
of final compensation.  For state members who retire on or after
January 1, 1995, and with respect to service for all state employers
under this section except as provided in Sections 21363.5 and
21363.6, the benefit shall not exceed 80 percent of final
compensation.  For local members who retire on or after January 1,
2000, the benefit shall not exceed 85 percent of final compensation.
If the pension relates to service to more than one employer, or this
section and Section 21369, and would otherwise exceed that maximum,
the pension payable with respect to each section or employer shall be
reduced in the same proportion as the allowance bears to the total
allowance computed as though there were no limit, so that the total
of the pensions shall equal the maximum.  Where a state or local
member retiring on or after January 1, 1995, has service under this
section with both state and local agency employers including, but not
limited to, service subject to Section 21363.5 or 21363.6, the
higher maximum shall apply and the additional benefit, if any, shall
be funded by increasing the member's pension payable with respect to
the employer for whom the member performed the service subject to the
higher maximum.
   (c) The Legislature reserves, with respect to any member subject
to this section, the right to provide for the adjustment of
industrial disability retirement allowances because of earnings of a
retired person and modification of the conditions and qualifications
required for retirement for disability as it may find appropriate
because of the earlier age of service retirement made possible by the
benefits under this section.
   (d) This section may be applied to related supervisory classes or
confidential positions for the respective bargaining units specified
in this section.
   (e) (1) This section shall be operative with respect to state
peace officer/firefighter members in Corrections Bargaining Unit No.
6, Protective Services and Public Safety Bargaining Unit No. 7, or
Firefighters Bargaining Unit No. 8, in accordance with a memorandum
of understanding reached between the state and the exclusive
bargaining agent in the respective unit pursuant to Chapter 10.3
(commencing with Section 3512) of Division 4 of Title 1.  This
section also shall be operative with respect to the state peace
officer/firefighter members employed by a California State University
police department who are in Public Safety Unit No. 8 in accordance
with a memorandum of understanding reached between the Trustees of
the California State University and the recognized employee
organization pursuant to Chapter 12 (commencing with Section 3560) of
Division 4 of Title 1.
   (2) This section shall also be operative with respect to a "state
peace officer/firefighter member" defined in subdivision (a) of
Section 20396 if authorized by, and in accordance with, a memorandum
of understanding reached between the Trustees of the California State
University and the recognized employee organization pursuant to
Chapter 12 (commencing with Section 3560) of Division 4 of Title 1.
   (3) Nothing in this section or in any other provision of law
affected by Chapter 1320 of the Statutes of 1984 or Chapter 234 of
the Statutes of 1986 shall be construed as authorizing any future
negotiation with respect to whether or not any bargaining unit
specified in this section whose memorandum of understanding was
previously approved by the Legislature pursuant to law and this
section, shall continue to remain within the state peace
officer/firefighter membership category.
   (4) The operative date of this section with respect to members in
each of the bargaining units specified in this section shall be as
provided for in the memorandum of understanding.
   (f) This section shall not apply to a person whose effective date
of retirement is prior to the operative date of this section with
respect to the bargaining unit of the person.
   (g) This section shall be known as, and may be cited as the State
Peace Officers' and Fire Fighters' Retirement Act.
   (h) The Legislature reserves the right to subsequently modify or
amend this part in order to completely effectuate the intent and
purposes of this section and the right to not provide any new
comparable advantages if disadvantages to employees result from any
modification or amendment.
   (i) This section shall not apply to a contracting agency nor its
employees until, first, it is agreed to in a written memorandum of
understanding entered into by an employer and representatives of
employees and, second, the contracting agency elects to be subject to
it by amendment to its contract made in the manner prescribed for
approval of contracts or in the case of a new contract, by express
provision of the contract.  The operative date of this section with
respect to a local safety member shall be the effective date of the
amendment to his or her employer's contract electing to be subject to
this section.
  SEC. 2.2.  Section 21363 of the Government Code is amended to read:

   21363.  (a) The combined current and prior service pensions for
state peace officer/firefighter members subject to this section with
respect to state peace officer/firefighter service and the combined
current and prior service pensions for local safety members with
respect to local safety service rendered to a contracting agency that
is subject to this section is a pension derived from the
contributions of the employer sufficient when added to the service
retirement annuity that is derived from the accumulated normal
contributions of the state peace officer/firefighter member at the
date of his or her retirement to equal the fraction of one-fiftieth
of his or her final compensation set forth opposite his or her age at
retirement taken to the preceding completed quarter-year, in the
following table, multiplied by the number of years of state peace
officer/firefighter service subject to this section with which he or
she is credited at retirement:


  Age at
Retirement                                  Fraction
   50 ...................................    1.0000
   50 1/4 ...............................    1.0125
   50 1/2 ...............................    1.0250
   50 3/4 ...............................    1.0375
   51 ...................................    1.0500
   51 1/4 ...............................    1.0625
   51 1/2 ...............................    1.0750
   51 3/4 ...............................    1.0875
   52 ...................................    1.1000
   52 1/4 ...............................    1.1125
   52 1/2 ...............................    1.1250
   52 3/4 ...............................    1.1375
   53 ...................................    1.1500
   53 1/4 ...............................    1.1625
   53 1/2 ...............................    1.1750
   53 3/4 ...............................    1.1875
   54 ...................................    1.2000
   54 1/4 ...............................    1.2125
   54 1/2 ...............................    1.2250
   54 3/4 ...............................    1.2375
   55 and over ..........................    1.2500

   (b) In no event shall the current service pension and the combined
current and prior service pensions under this section for all
service to all employers exceed an amount that, when added to the
service retirement annuity related to that service, equals 75 percent
of final compensation.  For state members who retire on or after
January 1, 1995, and with respect to service for all state employers
under this section except as provided in Sections 21363.5 and
21363.6, the benefit shall not exceed 80 percent of final
compensation.  For local members who retire on or after January 1,
2000, the benefit shall not exceed 85 percent of final compensation.
If the pension relates to service to more than one employer, or this
section and Section 21369, and would otherwise exceed that maximum,
the pension payable with respect to each section or employer shall be
reduced in the same proportion as the allowance bears to the total
allowance computed as though there were no limit, so that the total
of the pensions shall equal the maximum.  Where a state or local
member retiring on or after January 1, 1995, has service under this
section with both state and local agency employers including, but not
limited to, service subject to Section 21363.5 and 21363.6, the
higher maximum shall apply and the additional benefit, if any, shall
be funded by increasing the member's pension payable with respect to
the employer for whom the member performed the service subject to the
higher maximum.
   (c) The Legislature reserves, with respect to any member subject
to this section, the right to provide for the adjustment of
industrial disability retirement allowances because of earnings of a
retired person and modification of the conditions and qualifications
required for retirement for disability as it may find appropriate
because of the earlier age of service retirement made possible by the
benefits under this section.
   (d) This section may be applied to related supervisory classes or
confidential positions for the respective bargaining units specified
in this section.
   (e) (1) This section shall be operative with respect to state
peace officer/firefighter members in Corrections Bargaining Unit No.
6, Protective Services and Public Safety Bargaining Unit No. 7, or
Firefighters Bargaining Unit No. 8, in accordance with a memorandum
of understanding reached between the state and the exclusive
bargaining agent in the respective unit pursuant to Chapter 10.3
(commencing with Section 3512) of Division 4 of Title 1.
   (2) This section also shall be operative with respect to the state
peace officer/firefighter members employed by a California State
University police department who are in Public Safety Unit No. 8 in
accordance with a memorandum of understanding reached between the
Trustees of the California State University and the recognized
employee organization pursuant to Chapter 12 (commencing with Section
3560) of Division 4 of Title 1.
   (3) This section shall also be operative with respect to a "state
peace officer/firefighter member" defined in subdivision (a) of
Section 20396 if authorized by, and in accordance with, a memorandum
of understanding reached between the Trustees of the California State
University and the recognized employee organization pursuant to
Chapter 12 (commencing with Section 3560) of Division 4 of Title 1.
   (4) Nothing in this section or in any other provision of law
affected by Chapter 1320 of the Statutes of 1984 or Chapter 234 of
the Statutes of 1986 shall be construed as authorizing any future
negotiation with respect to whether or not any bargaining unit
specified in this section whose memorandum of understanding was
previously approved by the Legislature pursuant to law and this
section, shall continue to remain within the state peace
officer/firefighter membership category.
   (5) The operative date of this section with respect to members in
each of the bargaining units specified in this section shall be as
provided for in the memorandum of understanding.
   (6) With the exception of state peace officer/firefighter members
for service rendered for the legislative or judicial branch of
government, this section shall apply to any state peace
officer/firefighter member who is not employed by the state on or
after January 1, 2000.
   (f) This section shall be known as, and may be cited as the State
Peace Officers' and Fire Fighters' Retirement Act.
   (g) The Legislature reserves the right to subsequently modify or
amend this part in order to completely effectuate the intent and
purposes of this section and the right to not provide any new
comparable advantages if disadvantages to employees result from any
modification or amendment.
   (h) This section shall not apply to a contracting agency nor its
employees until, first, it is agreed to in a written memorandum of
understanding entered into by an employer and representatives of
employees and, second, the contracting agency elects to be subject to
it by amendment to its contract made in the manner prescribed for
approval of contracts or in the case of a new contract, by express
provision of the contract.  The operative date of this section with
respect to a local safety member shall be the effective date of the
amendment to his or her employer's contract electing to be subject to
this section.
  SEC. 2.4.  Section 21363 of the Government Code is amended to read:

   21363.  (a) The combined current and prior service pensions for
state peace officer/firefighter members subject to this section with
respect to state peace officer/firefighter service and the combined
current and prior service pensions for local safety members with
respect to local safety service rendered to a contracting agency that
is subject to this section is a pension derived from the
contributions of the employer sufficient when added to the service
retirement annuity that is derived from the accumulated normal
contributions of the state peace officer/firefighter member at the
date of his or her retirement to equal the fraction of one-fiftieth
of his or her final compensation set forth opposite his or her age at
retirement taken to the preceding completed quarter-year, in the
following table, multiplied by the number of years of state peace
officer/firefighter service subject to this section with which he or
she is credited at retirement.


  Age at
Retirement                                  Fraction
   50 ...................................    1.0000
   50 1/4 ...............................    1.0125
   50 1/2 ...............................    1.0250
   50 3/4 ...............................    1.0375
   51 ...................................    1.0500
   51 1/4 ...............................    1.0625
   51 1/2 ...............................    1.0750
   51 3/4 ...............................    1.0875
   52 ...................................    1.1000
   52 1/4 ...............................    1.1125
   52 1/2 ...............................    1.1250
   52 3/4 ...............................    1.1375
   53 ...................................    1.1500
   53 1/4 ...............................    1.1625
   53 1/2 ...............................    1.1750
    53 3/4 ...............................    1.1875
   54 ...................................    1.2000
   54 1/4 ...............................    1.2125
   54 1/2 ...............................    1.2250
   54 3/4 ...............................    1.2375
   55 and over ..........................    1.2500

   (b) In no event shall the current service pension and the combined
current and prior service pensions under this section for all
service to all employers exceed an amount that, when added to the
service retirement annuity related to that service, equals 75 percent
of final compensation.  For state members who retire on or after
January 1, 1995, and with respect to service for all state employers
under this section except as provided in Sections 21363.5 and
21363.6, the benefit shall not exceed 80 percent of final
compensation.  For local members who retire on or after January 1,
2000, the benefit shall not exceed 85 percent of final compensation.
If the pension relates to service to more than one employer, or this
section and Section 21369, and would otherwise exceed that maximum,
the pension payable with respect to each section or employer shall be
reduced in the same proportion as the allowance bears to the total
allowance computed as though there were no limit, so that the total
of the pensions shall equal the maximum.  Where a state or local
member retiring on or after January 1, 1995, has service under this
section with both state and local agency employers including, but not
limited to, service subject to Section 21363.5 or 21363.6, the
higher maximum shall apply and the additional benefit, if any, shall
be funded by increasing the member's pension payable with respect to
the employer for whom the member performed the service subject to the
higher maximum.
   (c) The Legislature reserves, with respect to any member subject
to this section, the right to provide for the adjustment of
industrial disability retirement allowances because of earnings of a
retired person and modification of the conditions and qualifications
required for retirement for disability as it may find appropriate
because of the earlier age of service retirement made possible by the
benefits under this section.
   (d) This section may be applied to related supervisory classes or
confidential positions for the respective bargaining units specified
in this section.
   (e) (1) This section shall be operative with respect to state
peace officer/firefighter members in Corrections Bargaining Unit No.
6, Protective Services and Public Safety Bargaining Unit No. 7, or
Firefighters Bargaining Unit No. 8, in accordance with a memorandum
of understanding reached between the state and the exclusive
bargaining agent in the respective unit pursuant to Chapter 10.3
(commencing with Section 3512) of Division 4 of Title 1.
   (2) This section also shall be operative with respect to the state
peace officer/firefighter members employed by a California State
University police department who are in Public Safety Unit No. 8 in
accordance with a memorandum of understanding reached between the
Trustees of the California State University and the recognized
employee organization pursuant to Chapter 12 (commencing with Section
3560) of Division 4 of Title 1.
   (3) This section shall also be operative with respect to a "state
peace officer/firefighter member" defined in subdivision (a) of
Section 20396 if authorized by, and in accordance with, a memorandum
of understanding reached between the Trustees of the California State
University and the recognized employee organization pursuant to
Chapter 12 (commencing with Section 3560) of Division 4 of Title 1.
   (4) Nothing in this section or in any other provision of law
affected by Chapter 1320 of the Statutes of 1984 or Chapter 234 of
the Statutes of 1986 shall be construed as authorizing any future
negotiation with respect to whether or not any bargaining unit
specified in this section whose memorandum of understanding was
previously approved by the Legislature pursuant to law and this
section, shall continue to remain within the state peace
officer/firefighter membership category.
   (5) The operative date of this section with respect to members in
each of the bargaining units specified in this section shall be as
provided for in the memorandum of understanding.
   (6) This section shall not apply to a person whose effective date
of retirement is prior to the operative date of this section with
respect to the bargaining unit of the person.
   (f) This section shall be known as, and may be cited as the State
Peace Officers' and Fire Fighters' Retirement Act.
   (g) The Legislature reserves the right to subsequently modify or
amend this part in order to completely effectuate the intent and
purposes of this section and the right to not provide any new
comparable advantages if disadvantages to employees result from any
modification or amendment.
   (h) This section shall not apply to a contracting agency nor its
employees until, first, it is agreed to in a written memorandum of
understanding entered into by an employer and representatives of
employees and, second, the contracting agency elects to be subject to
it by amendment to its contract made in the manner prescribed for
approval of contracts or in the case of a new contract, by express
provision of the contract.  The operative date of this section with
respect to a local safety member shall be the effective date of the
amendment to his or her employer's contract electing to be subject to
this section.  However, this section shall not apply to any local
safety member in the employ of an employer not subject to this
section on January 1, 2000.
  SEC. 2.6.  Section 21363 of the Government Code is amended to read:

   21363.  (a) The combined current and prior service pensions for
state peace officer/firefighter members subject to this section with
respect to state peace officer/firefighter service and the combined
current and prior service pensions for local safety members with
respect to local safety service rendered to a contracting agency that
is subject to this section is a pension derived from the
contributions of the employer sufficient when added to the service
retirement annuity that is derived from the accumulated normal
contributions of the state peace officer/firefighter member at the
date of his or her retirement to equal the fraction of one-fiftieth
of his or her final compensation set forth opposite his or her age at
retirement taken to the preceding completed quarter-year, in the
following table, multiplied by the number of years of state peace
officer/firefighter service subject to this section with which he or
she is credited at retirement.


  Age at
Retirement                                  Fraction
   50 ...................................    1.0000
   50 1/4 ...............................    1.0125
   50 1/2 ...............................    1.0250
   50 3/4 ...............................    1.0375
   51 ...................................    1.0500
   51 1/4 ...............................    1.0625
   51 1/2 ...............................    1.0750
   51 3/4 ...............................    1.0875
   52 ...................................    1.1000
   52 1/4 ...............................    1.1125
   52 1/2 ...............................    1.1250
   52 3/4 ...............................    1.1375
   53 ...................................    1.1500
   53 1/4 ...............................    1.1625
   53 1/2 ...............................    1.1750
   53 3/4 ...............................    1.1875
   54 ...................................    1.2000
   54 1/4 ...............................    1.2125
   54 1/2 ...............................    1.2250
   54 3/4 ...............................    1.2375
   55 and over ..........................    1.2500

   (b) In no event shall the current service pension and the combined
current and prior service pensions under this section for all
service to all employers exceed an amount that, when added to the
service retirement annuity related to that service, equals 75 percent
of final compensation.  For state members who retire on or after
January 1, 1995, and with respect to service for all state employers
under this section except as provided in Sections 21363.5 and
21363.6, the benefit shall not exceed 80 percent of final
compensation.  For local members who retire on or after January 1,
2000, the benefit shall not exceed 85 percent of final compensation.
If the pension relates to service to more than one employer, or this
section and Section 21369, and would otherwise exceed that maximum,
the pension payable with respect to each section or employer shall be
reduced in the same proportion as the allowance bears to the total
allowance computed as though there were no limit, so that the total
of the pensions shall equal the maximum.  Where a state or local
member retiring on or after January 1, 1995, has service under this
section with both state and local agency employers including, but not
limited to, service subject to Section 21363.5 or 21363.6, the
higher maximum shall apply and the additional benefit, if any, shall
be funded by increasing the member's pension payable with respect to
the employer for whom the member performed the service subject to the
higher maximum.
   (c) The Legislature reserves, with respect to any member subject
to this section, the right to provide for the adjustment of
industrial disability retirement allowances because of earnings of a
retired person and modification of the conditions and qualifications
required for retirement for disability as it may find appropriate
because of the earlier age of service retirement made possible by the
benefits under this section.
   (d) This section may be applied to related supervisory classes or
confidential positions for the respective bargaining units specified
in this section.
   (e) (1) This section shall be operative with respect to state
peace officer/firefighter members in Corrections Bargaining Unit No.
6, Protective Services and Public Safety Bargaining Unit No. 7, or
Firefighters Bargaining Unit No. 8, in accordance with a memorandum
of understanding reached between the state and the exclusive
bargaining agent in the respective unit pursuant to Chapter 10.3
(commencing with Section 3512) of Division 4 of Title 1.
   (2) This section also shall be operative with respect to the state
peace officer/firefighter members employed by a California State
University police department who are in Public Safety Unit No. 8 in
accordance with a memorandum of understanding reached between the
Trustees of the California State University and the recognized
employee organization pursuant to Chapter 12 (commencing with Section
3560) of Division 4 of Title 1.
   (3) This section shall also be operative with respect to a "state
peace officer/firefighter member" defined in subdivision (a) of
Section 20396 if authorized by, and in accordance with, a memorandum
of understanding reached between the Trustees of the California State
University and the recognized employee organization pursuant to
Chapter 12 (commencing with Section 3560) of Division 4 of Title 1.
   (4) Nothing in this section or in any other provision of law
affected by Chapter 1320 of the Statutes of 1984 or Chapter 234 of
the Statutes of 1986 shall be construed as authorizing any future
negotiation with respect to whether or not any bargaining unit
specified in this section whose memorandum of understanding was
previously approved by the Legislature pursuant to law and this
section, shall continue to remain within the state peace
officer/firefighter membership category.
   (5) The operative date of this section with respect to members in
each of the bargaining units specified in this section shall be as
provided for in the memorandum of understanding.
   (6) With the exception of state peace officer/firefighter members
for service rendered for the Legislature or judicial branch of
government, this section shall apply to state peace
officer/firefighter members who are not employed by the state on or
after January 1, 2000.
   (f) This section shall be known as, and may be cited as the State
Peace Officers' and Fire Fighters' Retirement Act.
   (g) The Legislature reserves the right to subsequently modify or
amend this part in order to completely effectuate the intent and
purposes of this section and the right to not provide any new
comparable advantages if disadvantages to employees result from any
modification or amendment.
   (h) This section shall not apply to a contracting agency nor its
employees until, first, it is agreed to in a written memorandum of
understanding entered into by an employer and representatives of
employees and, second, the contracting agency elects to be subject to
it by amendment to its contract made in the manner prescribed for
approval of contracts or in the case of a new contract, by express
provision of the contract.  The operative date of this section with
respect to a local safety member shall be the effective date of the
amendment to his or her employer's contract electing to be subject to
this section.  However, this section shall not apply to any local
safety member in the employ of an employer not subject to this
section on January 1, 2000.
  SEC. 3.  Section 21369 of the Government Code is amended to read:
   21369.  (a) The combined prior and current service pension for a
state safety member, and a local safety member with respect to
service to a contracting agency subject to this section, upon
retirement after attaining age 55, is a pension derived from
contributions of an employer sufficient, when added to that portion
of the service retirement annuity that is derived from the
accumulated normal contributions of the member at the date of his or
her retirement, to equal one-fiftieth of his or her final
compensation multiplied by the number of years of state safety,
police, fire, or county peace officer service that is credited to him
or her as a state safety member or a local safety member subject to
this section at retirement.  Notwithstanding the preceding sentence,
this section shall apply to the current and prior service pension for
any other state safety member based on service to which it would
have applied had the member, on July 1, 1971, been in employment
described in Section 20403 or 20404.
   (b) Upon retirement for service prior to attaining age 55, the
percentage of final compensation payable for each year of credited
service that is subject to this section shall be the product of 2
percent multiplied by the factor set forth in the following table for
his or her actual age at retirement:


                                             The percent for
                                              each year of
                                             credited service
If the retirement age occurs at:                    is:
      50 .................................         0.713
      50 1/4 .............................         0.725
      50 1/2 .............................         0.737
      50 3/4 .............................         0.749
      51 .................................         0.761
      51 1/4 .............................         0.775
      51 1/2 .............................         0.788
      51 3/4 .............................         0.801
      52 .................................         0.814
      52 1/4 .............................         0.828
      52 1/2 .............................         0.843
      52 3/4 .............................         0.857
      53 .................................         0.871
      53 1/4 .............................         0.886
      53 1/2 .............................         0.902
      53 3/4 .............................         0.917
      54 .................................         0.933
      54 1/4 .............................         0.950
      54 1/2 .............................         0.966
      54 3/4 .............................         0.983

   (c) In no event shall the total pension for all service under this
section exceed an amount that, when added to the service retirement
annuity related to that service, equals 75 percent of final
compensation.  For state members who retire on or after January 1,
1995, and with respect to service for all state employers under this
section, the benefit shall not exceed 80 percent of final
compensation.  For local members who retire on or after January 1,
2000, the benefit shall not exceed 85 percent of final compensation.
If the pension relates to service to more than one employer and
would otherwise exceed that maximum, the pension payable with respect
to each employer shall be reduced in the same proportion as the
allowance based on service to that employer bears to the total
allowance computed as though there were no limit, so that the total
of those pensions shall equal the maximum.  Where a state or local
member retiring on or after January 1, 1995, has service under this
section with both state and local agency employers, the higher
maximum shall apply and the additional benefit shall be funded by
increasing the member's pension payable with respect to the employer
for whom the member performed the service subject to the higher
maximum.
   (d) This section shall not apply to a person whose effective date
of retirement is prior to July 1, 1971.
   (e) The Legislature reserves, with respect to any member subject
to this section, the right to provide for the adjustment of
industrial disability retirement allowances because of earnings of a
retired person and modification of the conditions and qualifications
required for retirement for disability as it may find appropriate
because of the earlier age of service retirement made possible by the
benefits under this section.
   (f) The percentage of final compensation provided in this section
shall be reduced by one-third as applied to that part of the member's
final compensation that does not exceed four hundred dollars ($400)
per month for service after the effective date of coverage of a
member under the federal system.  This paragraph shall not apply to a
member who retires after the date upon which coverage under the
federal system of persons in his or her employment terminates.  It
shall not apply to a local safety member employed by a contracting
agency electing to be subject to this section after March 7, 1973,
unless the agency elects to be subject to this paragraph by amendment
to its contract or by appropriate provision of a contract entered
into after this provision is effective and as to any member, the
reduction in the percentage of final compensation shall apply to all
local safety service to the agency, if any of the local safety
service has been included in the federal system.
   (g) This section shall not apply to a contracting agency nor its
employees until the agency elects to be subject to it by amendment to
its contract made in the manner prescribed for approval of contracts
or in the case of a new contract, by express provision of the
contract.  The operative date of this section with respect to a local
safety member shall be the effective date of the amendment to his or
her employer's contract electing to be subject to this section.
  SEC. 3.5.  Section 21369 of the Government Code is amended to read:

   21369.  (a) The combined prior and current service pension for a
state safety member, and a local safety member with respect to
service to a contracting agency subject to this section, upon
retirement after attaining the age of 55 years, is a pension derived
from contributions of an employer sufficient, when added to that
portion of the service retirement annuity that is derived from the
accumulated normal contributions of the member at the date of his or
her retirement, to equal one-fiftieth of his or her final
compensation multiplied by the number of years of state safety,
police, fire, or county peace officer service that is credited to him
or her as a state safety member or a local safety member subject to
this section at retirement.  Notwithstanding the preceding sentence,
this section shall apply to the current and prior service pension for
any other state safety member based on service to which it would
have applied had the member, on July 1, 1971, been in employment
described in Section 20403 or 20404.
   (b) Upon retirement for service prior to attaining the age of 55
years, the percentage of final compensation payable for each year of
credited service that is subject to this section shall be the product
of 2 percent multiplied by the factor set forth in the following
table for his or her actual age at retirement:


                                             The percent for
                                              each year of
                                             credited service
If the retirement age occurs at:                    is:
      50 .................................         0.713
      50 1/4 .............................         0.725
      50 1/2 .............................         0.737
      50 3/4 .............................         0.749
      51 .................................         0.761
      51 1/4 .............................         0.775
      51 1/2 .............................         0.788
      51 3/4 .............................         0.801
      52 .................................         0.814
      52 1/4 .............................         0.828
      52 1/2 .............................         0.843
      52 3/4 .............................         0.857
      53 .................................         0.871
      53 1/4 .............................         0.886
      53 1/2 .............................         0.902
      53 3/4 .............................         0.917
      54 .................................         0.933
      54 1/4 .............................         0.950
      54 1/2 .............................         0.966
      54 3/4 .............................         0.983

   (c) In no event shall the total pension for all service under this
section exceed an amount that, when added to the service retirement
annuity related to that service, equals 75 percent of final
compensation.  For state members who retire on or after January 1,
1995, and with respect to service for all state employers under this
section, the benefit shall not exceed 80 percent of final
compensation.  For local members who retire on or after January 1,
2000, the benefit shall not exceed 85 percent of final compensation.
If the pension relates to service to more than one employer and
would otherwise exceed that maximum, the pension payable with respect
to each employer shall be reduced in the same proportion as the
allowance based on service to that employer bears to the total
allowance computed as though there were no limit, so that the total
of those pensions shall equal the maximum.  Where a state or local
member retiring on or after January 1, 1995, has service under this
section with both state and local agency employers, the higher
maximum shall apply and the additional benefit shall be funded by
increasing the member's pension payable with respect to the employer
for whom the member performed the service subject to the higher
maximum.
   (d) This section shall not apply to a person whose effective date
of retirement is prior to July 1, 1971.
   (e) The Legislature reserves, with respect to any member subject
to this section, the right to provide for the adjustment of
industrial disability retirement allowances because of earnings of a
retired person and modification of the conditions and qualifications
required for retirement for disability as it may find appropriate
because of the earlier age of service retirement made possible by the
benefits under this section.
   (f) The percentage of final compensation provided in this section
shall be reduced by one-third as applied to that part of the member's
final compensation that does not exceed four hundred dollars ($400)
per month for service after the effective date of coverage of a
member under the federal system.  This  subdivision shall not apply
to a member who retires after the date upon which coverage under the
federal system of persons in his or her employment terminates.  It
shall not apply to a local safety member employed by a contracting
agency electing to be subject to this section after March 7, 1973,
unless the agency elects to be subject to this paragraph by amendment
to its contract or by appropriate provision of a contract entered
into after this provision is effective and as to any member, the
reduction in the percentage of final compensation shall apply to all
local safety service to the agency, if any of the local safety
service has been included in the federal system.
   (g) With the exception of state safety members for service
rendered for the California State University, this section shall
apply to state safety members who are not employed by the state on or
after January 1, 2000.
   (h) This section shall not apply to a contracting agency nor its
employees until the agency elects to be subject to it by amendment to
its contract made in the manner prescribed for approval of contracts
or in the case of a new contract, by express provision of the
contract.  The operative date of this section with respect to a local
safety member shall be the effective date of the amendment to his or
her employer's contract electing to be subject to this section.
  SEC. 4.  Section 21370 of the Government Code is amended to read:
   21370.  (a) The combined prior and current service pension for
local safety members with respect to service to a contracting agency
subject to this section, upon retirement after attaining 56 years of
age, is a pension derived from contributions of an employer
sufficient, when added to that portion of the service retirement
annuity that is derived from the accumulated normal contributions of
the member at the date of his or her retirement, to equal
one-fiftieth of his or her final compensation set forth opposite his
or her age at retirement taken to the preceding completed quarter
year in the following table, multiplied by the number of years of
service credited to him or her as a local safety member subject to
this section at retirement.
   Upon retirement for service prior to attaining 56 years of age,
the percentage of final compensation payable for each year of
credited service that is subject to this section shall be the product
of 2 percent multiplied by the factor set forth in the following
table                                             for the actual age
at retirement:


                                             The percent for
                                              each year of
                                             credited service
If retirement occurs at age:                       is:
     50 ................................          .8565
     50 1/4 ............................          .8650
     50 1/2 ............................          .8740
     50 3/4 ............................          .8830
     51 ................................          .8920
     51 1/4 ............................          .9020
     51 1/2 ............................          .9120
     51 3/4 ............................          .9222
     52 ................................          .9330
     52 1/4 ............................          .9410
     52 1/2 ............................          .9490
     52 3/4 ............................          .9570
     53 ................................          .9650
     53 1/4 ............................          .9675
     53 1/2 ............................          .9700
     53 3/4 ............................          .9725
     54 ................................          .9750
     54 1/4 ............................          .9810
     54 1/2 ............................          .9870
     54 3/4 ............................          .9935
     55 ................................         1.0000
     55 1/4 ............................         1.0435
     55 1/2 ............................         1.0870
     55 3/4 ............................         1.1310
     56 ................................         1.1750

   (b) This section shall apply only to local police officers and
county peace officers who are local safety members.
   (c) This section shall not apply to persons whose effective date
of retirement is prior to January 1, 1985.
   (d) The Legislature reserves, with respect to any member subject
to this section, the right to provide for the adjustment of
industrial disability retirement allowances because of earnings of a
retired person and modification of the conditions and qualifications
required for retirement for disability as it may find appropriate
because of the earlier age of service retirement made possible by the
benefits under this section.
   (e) The percentage of final compensation provided in this section
shall be reduced by one-third as applied to that part of the member's
final compensation that does not exceed four hundred dollars ($400)
per month for service after the effective date of coverage of a
member under the federal system.  This paragraph shall not apply to a
member who retires after the date upon which coverage under the
federal system of persons in his or her employment terminates.
   (f) For members who retire prior to January 1, 2000, in no event
shall the total pension for all service under this section exceed an
amount that, when added to the service retirement annuity related to
the service, equals 75 percent of final compensation.  For members
who retire on or after January 1, 2000, the allowance shall not
exceed 85 percent of final compensation.  If the pension relates to
service for more than one employer and would otherwise exceed the
maximum, the pension payable with respect to each employer shall be
reduced in the same proportion as the allowance based on service to
the employer bears to the total allowance computed as though there
were no limit, so that the total of the pensions shall equal the
maximum.
   (g) This section shall only apply as an optional contributory
retirement formula for this system local safety groups whose group
participated in Federal Old Age and Survivors' Insurance provisions
of the Social Security Act on April 1983.
   (h) This section shall not apply to a contracting agency nor its
employees until the agency and the representative employee
organization agree by memorandum of understanding to be subject to it
by amendment to its contract made in the manner prescribed for
approval of contracts.  It shall also be required that the
representative employee organizations agree to be subject to this
provision.
   (i) The operative date of this section with respect to a local
safety member shall be the effective date of the amendment to the
employer's contract electing to be subject to this section.
  SEC. 4.5.  Section 21370 of the Government Code is amended to read:

   21370.  (a) The combined prior and current service pension for
local safety members with respect to service to a contracting agency
subject to this section, upon retirement after attaining 56 years of
age, is a pension derived from contributions of an employer
sufficient, when added to that portion of the service retirement
annuity that is derived from the accumulated normal contributions of
the member at the date of his or her retirement, to equal
one-fiftieth of his or her final compensation set forth opposite his
or her age at retirement taken to the preceding completed quarter
year in the following table, multiplied by the number of years of
service credited to him or her as a local safety member subject to
this section at retirement.
   (b) Upon retirement for service prior to attaining 56 years of
age, the percentage of final compensation payable for each year of
credited service that is subject to this section shall be the product
of 2 percent multiplied by the factor set forth in the following
table for the actual age at retirement:


                                             The percent for
                                              each year of
                                             credited service
If retirement occurs at age:                       is:
     50 ................................          .8565
     50 1/4 ............................          .8650
     50 1/2 ............................          .8740
     50 3/4 ............................          .8830
     51 ................................          .8920
     51 1/4 ............................          .9020
     51 1/2 ............................          .9120
     51 3/4 ............................          .9222
     52 ................................          .9330
     52 1/4 ............................          .9410
     52 1/2 ............................          .9490
     52 3/4 ............................          .9570
     53 ................................          .9650
     53 1/4 ............................          .9675
     53 1/2 ............................          .9700
     53 3/4 ............................          .9725
     54 ................................          .9750
     54 1/4 ............................          .9810
     54 1/2 ............................          .9870
     54 3/4 ............................          .9935
     55 ................................         1.0000
     55 1/4 ............................         1.0435
     55 1/2 ............................         1.0870
     55 3/4 ............................         1.1310
     56 ................................         1.1750

   (c) This section shall apply only to local police officers and
county peace officers who are local safety members.
   (d) This section shall not apply to persons whose effective date
of retirement is prior to January 1, 1985.
   (e) The Legislature reserves, with respect to any member subject
to this section, the right to provide for the adjustment of
industrial disability retirement allowances because of earnings of a
retired person and modification of the conditions and qualifications
required for retirement for disability as it may find appropriate
because of the earlier age of service retirement made possible by the
benefits under this section.
   (f) The percentage of final compensation provided in this section
shall be reduced by one-third as applied to that part of the member's
final compensation that does not exceed four hundred dollars ($400)
per month for service after the effective date of coverage of a
member under the federal system.  This paragraph shall not apply to a
member who retires after the date upon which coverage under the
federal system of persons in his or her employment terminates.
   (g) For members who retire prior to January 1, 2000, in no event
shall the total pension for all service under this section exceed an
amount that, when added to the service retirement annuity related to
the service, equals 75 percent of final compensation.  For members
who retire on or after January 1, 2000, the allowance shall not
exceed 85 percent of final compensation.  If the pension relates to
service for more than one employer and would otherwise exceed the
maximum, the pension payable with respect to each employer shall be
reduced in the same proportion as the allowance based on service to
the employer bears to the total allowance computed as though there
were no limit, so that the total of the pensions shall equal the
maximum.
   (h) This section shall only apply as an optional contributory
retirement formula for this system local safety groups whose group
participated in Federal Old Age and Survivors' Insurance provisions
of the Social Security Act on April 1983.
   (i) This section shall not apply to a contracting agency nor its
employees until the agency and the representative employee
organization agree by memorandum of understanding to be subject to it
by amendment to its contract made in the manner prescribed for
approval of contracts.  It shall also be required that the
representative employee organizations agree to be subject to this
provision.
   (j) The operative date of this section with respect to a local
safety member shall be the effective date of the amendment to the
employer's contract electing to be subject to this section.  However,
this section shall not apply to any local safety member in the
employ of an employer not subject to this section on January 1, 2000.

  SEC. 5.  Section 21389 is added to the Government Code, to read:
   21389.  Notwithstanding Sections 21362, 21362.2, 21363, 21363.1,
21369, and 21370, for local safety members who retire on or after
January 1, 2000, and with respect to all local safety service
rendered to a contracting agency that is subject to any of those
sections, the benefit limit shall be 85 percent rather than 75
percent of final compensation.
  SEC. 6.  Section 1.5 of this bill incorporates amendments to
Section 21362 of the Government Code proposed by both this bill and
SB 400.  It shall only become operative if (1) both bills are enacted
and become effective on or before January 1, 2000, (2) each bill
amends Section 21362 of the Government Code, and (3) this bill is
enacted after SB 400, in which case Section 1 of this bill shall not
become operative.
  SEC. 7.  (a) Section 2.2 of this bill incorporates amendments to
Section 21363 of the Government Code proposed by both this bill and
SB 400.  It shall only become operative if (1) both bills are enacted
and become effective on or before January 1, 2000, (2) each bill
amends Section 21363 of the Government Code, (3) AB 813 is not
enacted or as enacted does not amend that section, and (4) this bill
is enacted after SB 400, in which case Sections 2, 2.4, and 2.6 of
this bill shall not become operative.
   (b) Section 2.4 of this bill incorporates amendments to Section
21363 of the Government Code proposed by both this bill and AB 813.
It shall only become operative if (1) both bills are enacted and
become effective on or before January 1, 2000, (2) each bill amends
Section 21363 of the Government Code, (3) SB 400 is not enacted or as
enacted does not amend that section, and (4) this bill is enacted
after AB 813, in which case Sections 2, 2.2, and 2.6 of this bill
shall not become operative.
   (c) Section 2.6 of this bill incorporates amendments to Section
21363 of the Government Code proposed by this bill, SB 400, and AB
813.  It shall only become operative if (1) all three bills are
enacted and become effective on or before January 1, 2000, (2) all
three bills amend Section 21363 of the Government Code, and (3) this
bill is enacted after SB 400, and AB 813, in which case Sections 2,
2.2, and 2.4 of this bill shall not become operative.
  SEC. 8.  Section 3.5 of this bill incorporates amendments to
Section 21369 of the Government Code proposed by both this bill and
SB 400.  It shall only become operative if (1) both bills are enacted
and become effective on or before January 1, 2000, (2) each bill
amends Section 21369 of the Government Code, and (3) this bill is
enacted after SB 400, in which case Section 3 of this bill shall not
become operative.
  SEC. 9.  Section 4.5 of this bill incorporates amendments to
Section 21370 of the Government Code proposed by both this bill and
AB 813.  It shall only become operative if (1) both bills are enacted
and become effective on or before January 1, 2000, (2) each bill
amends Section 21370 of the Government Code, and (3) this bill is
enacted after AB 813, in which case Section 4 of this bill shall not
become operative.
